CARB Crackdown on Racing Fuel

To: Refiners,
Blenders, Importers, Distributors, Retailers, and Users of Racing
Fuel Number 397 January 2010 RACING FUEL SALES,
SUPPLY, AND USE REQUIREMENTS The purpose of this advisory is to
inform refiners, blenders, importers, and distributors of racing fuel
of the regulations and requirements concerning the supply, sales, and
use of gasoline used in racing vehicles (referred to herein as “racing
fuel” or “racing gasoline”) in California. This advisory applies only
to motor vehicles. See the definition of “motor vehicle” below.
The California Reformulated Gasoline Regulations (RFG) found in Title
13 of the California Code of Regulations (CCR), Sections 2250-2273.5
require California gasoline sold, offered for sale, supplied or offered
for supply as a motor vehicle fuel to meet certain and specific
chemical content and physical property specifications, including,
essentially, a zero lead (Pb) content requirement. “Supply” means
to provide or transfer a product to a physically separate facility,
vehicle, or transportation system. Thus, any person in the marketing
chain, including an end user / purchaser fueling his own vehicle, is
supplying gasoline and is subject to the California RFG
Regulations. “Motor vehicle” is defined as a self-propelled
vehicle in section 415 of the California Vehicle Code. Therefore,
racing vehicles are by definition motor vehicles. Please note that
boats and airplanes are not defined as motor vehicles. “Racing
vehicle” is defined as a competition vehicle not used on public
highways. Further, if you can drive it to the track, it is not a racing
vehicle. Racing vehicles are exempted from California Air Resources
Board (CARB) vehicular air pollution control requirements in section
43001 of the California Health and Safety Code. Racing fuel (gasoline
used in racing vehicles), however, is not exempt from the California
RFG requirements except as provided in Section 2261(f) of the
CCR. Section 2261(f) specifically provides, in part, that
sub-article 2 (Standards for Gasoline) and section 2253.4
(Lead/Phosphorus in Gasoline) “shall not apply to gasoline where the
person selling, offering or supplying the gasoline demonstrates as an
affirmative defense that the person has taken reasonably prudent
precautions to assure that the gasoline is used only in racing
vehicles.” CARB considers gasoline (leaded or unleaded) used in
racing vehicles for testing, practice, or actual competition for and
during a sanctioned racing event to be exempt from the reformulated
gasoline (RFG) specifications. Competition vehicles driven to a racing
event on a public highway rather than being transported on a trailer or
other carrier are not racing vehicles. Motor vehicles used for work,
pleasure, or recreation, i.e. cars, trucks, 4X4’s, motorcycles, dirt
bikes, ATV’s, dune buggies, sand rails, and other vehicles not strictly
used for racing events, are not racing vehicles and gasoline used in
these vehicles is not exempt from California RFG requirements.
Therefore, it is illegal to sell, offer for sale, supply, and offer for
supply non-complying racing fuel (leaded and unleaded) for motor
vehicles in California except in competition racing vehicles.
Many refiners, blenders, and distributors of racing fuel sell and
supply a “street legal” high octane unleaded gasoline (racing
fuel) blend that complies with the specifications for California RFG.
This complying racing ED – Form #075 (Rev. 07/04) ED – Form
#075 (Rev. 07/04) gasoline is readily available and is legal for
use in all motor vehicles both on and off road. Retailers may sell this
racing gasoline as complying California RFG. Leaded and unleaded
racing fuel that does not meet the California RFG specifications
(non-complying racing gasoline) can only be sold, offered for sale,
offered for supply, or supplied for use in true, competition racing
vehicles. The retailer, i.e. service station, speed shop, auto parts
store, fuel distributor, and race track fuel dispensing facility, etc.,
who is selling or supplying this non-complying gasoline must “take
reasonable prudent precautions to assure that the gasoline will be used
only in racing vehicles.” If the vehicle this fuel is to be used in is
registered or licensed for on-road or off-road use, this usually
indicates that non-complying racing fuel cannot be used in it and the
sale or supply of the fuel should not take place. CARB will consider
this and all other relevant circumstances to determine if “reasonable
prudent precautions” were followed in any particular case. In
evaluating whether “reasonable and prudent precautions” were followed,
CARB will consider whether the retailer kept a record of each sale of
non-complying racing gasoline and whether each sales record contains
the following information: Date of Fuel Purchase
Name, Address, and Telephone Number of Purchaser / User Brand,
Name, and Grade (octane rating) of Fuel Purchased Type or
Description of Vehicle(s) to be Fueled Is the vehicle(s) to be
fueled registered or licensed for on-road use? Is the
vehicle(s) to be fueled registered or licensed for off-road
use? License Number and VIN, if any, of Vehicle(s) to be
Fueled Name of Sanctioned Racing Event Date of Event
Name of Racing Association or Sanctioning Body Racing
Association or Sanctioning Body Membership ID Number
Signature under penalty of perjury that the gasoline will be used only
in the above racing vehicle(s) for the above sanctioned racing
event Refiners, blenders, importers, and distributors must also
take “reasonable prudent precautions” and prove that adequate steps
have been taken to limit sales of non-complying racing fuel to racing
vehicles, exclusively. CARB will consider, but is not limited to, the
following to be reasonable prudent precautions: import notifications,
production reporting, labeling, record keeping, distributor training,
and providing customer education materials. The requirement to take
reasonable prudent precautions applies to all shipments of
non-complying racing fuel regardless of container size, i.e. railcars,
cargo tanks, barrels, drums, cans, etc. Specifically for importers and
in-state refiners and blenders, in addition to the above, reasonable
prudent precautions should include notification to CARB of the import
shipment or in-state production, and labeling of each batch and
container of non-complying racing gasoline. Refiners, blenders,
importers, and distributors may enter into an enforcement protocol with
CARB or modify their existing protocol as appropriate. Bulk
containers, including but not limited to railcars, cargo tanks,
barrels, drums, and cans, as well as bills of lading, delivery tickets,
and invoices for all shipments of non-complying racing fuel offered or
supplied for sale and use in California must be conspicuously labeled
with the following: Legal For Use ONLY In Competition Racing
Vehicles Not Legal For Use In Any Other Motor Vehicle
Letters or statements included with shipping documents outlining the
legal uses of the racing fuel, instructions sent to distributors and
retailers concerning legal sales and use of racing fuel, or other
specific steps outlined in a new or modified enforcement protocol with
CARB Enforcement Division, are additional ways for refiners, blenders,
importers, and distributors to comply with the taking “reasonable
prudent precautions” requirement. CARB will evaluate whether all
of the information discussed in this Advisory #397 is included in the
records. The absence of such records or records that lack the above
information argue against “reasonable and prudent precautions” having
been taken. Note: There is some confusion concerning the terms
“on road” and “off road” fuels. In California, there is NO such
distinction for motor vehicle fuels. All motor vehicle fuel
specifications apply to all fuel used in non-racing motor vehicles
operated on or off road. If you have any questions, please
contact Frederick Schmidt at (916) 327-1522, or email
fschmidt@arb.ca.gov. James R. Ryden, Chief, Enforcement Division,
California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812